Foroyaa is cautioned that a parliamentary inquiry is not the same as a commission of inquiry. It is advised to interview the Clerk of the National Assembly on the procedure of a parliamentary inquiry and get information on what cannot be reported prior to the delivery of the final report of the committee.
Foroyaa is advised that the issue that is being inquired into is a matter of fraudulent sales of the assets of former assets of Yahya Jammeh that were ordered to be seized by the then Janneh Commission of Inquiry. The editorial adviser states that when assets are seized, they become the property of the Government of The Gambia.
Foroyaa is referred to section 160 subsections (4) and (5), which show the procedure the Auditor General should take to audit government assets and finances and refer fraudulent practices to the Inspector General of Police. The sections read:
“(4) The Auditor-General and any member of the National Audit Office authorised by him or her shall have power to call for and inspect all books, records, returns, reports and other documents in the exercise of the functions conferred upon him or her by this Constitution or an Act of the National Assembly and to make such enquiries and to call such witnesses who, in his or her opinion, have any responsibilities, in relation to the accounts referred to in subsection (1).
“(5) Wherever discrepancies of a criminal or fraudulent nature are discovered during the audit of accounts by the Auditor-General, he or she shall immediately cause a report of his or her findings to be submitted to the Inspector-General of Police.”
The adviser deems it urgent for the auditor general to conduct an audit of those assets and submit the findings to Finance and Public Accounts Committee (F/PAC) of the National Assembly for scrutiny and submit all findings of any fraudulent activities to the Inspector General of Police for action.
Foroyaa was surprised to see that the Chairperson before the committee of inquiry on matters dealing the sale of fraudulent assets.
The adviser informs Foroyaa that the National Assembly has a role to play but not that of a commission of inquiry or auditor general. The role is defined and ring fenced by the Standing Orders. It is emphasised that all institutions should play their role in a constitutional manner to get to the truth.
Section 202 of the Constitution does state the following:
“A Commissioner appointed under section 200 shall not be liable to any action or suit in respect of any matter or thing bona fide done or omitted to be done in the performance of his or her functions as a Commissioner.”
